QuestionsQuestions (Republic Act No. 8989)
The Board has twenty-two (22) members: (1) the ten (10) mayors of the member-municipalities as ex officio members; (2) one (1) private sector representative from each member-municipality selected from duly organized NGOs and sectoral associations (e.g., farmers, fishermen, businessmen, youth, women, etc.) whose term is two (2) years; and (3) the incumbent member of the House of Representatives representing the third congressional district of the Province of Camarines Sur, and the Administrator as ex officio members.
A majority of the members constitutes a quorum. For decisions, they should be reached by consensus as far as practicable; if no consensus is reached, the decision is made by a vote of the majority of all members of the Board constituting the quorum (i.e., a majority vote within the quorum).
The chairman is elected by the Board from among themselves. The chairman’s term is two (2) years.
The Board: (a) formulates policies, develops programs, and promulgates rules and regulations to carry out the Administration’s powers and functions; (b) approves each year the Administration’s budget based on (i) income from investments and projects in member-municipalities and (ii) paid-up capital and additional paid-up subscriptions; (c) fixes compensations, emoluments, and allowances of the Administrator and other officers and personnel; (d) approves appointment of all heads of departments and divisions upon the Administrator’s recommendation, subject to existing Civil Service Law rules and regulations; and (e) performs other functions necessary to carry out the purposes of the Act or as provided in other sections.
The chairman calls and presides over Board meetings and ensures implementation of Board policies, programs, and rules/regulations; presents for Board approval the annual budget, needed rules and regulations, other necessary matters for effective implementation, and the annual report on activities and finances (furnished to the NEDA Director-General and the NEDA Regional Director of Regional Office No. V, and other agencies as the Board deems necessary); and performs other functions directed by the Board.
The Administrator is appointed by the Board. He/she is the chief executive officer of the Administration and automatically vice chairman of the Board.
The Administrator: (1) submits to the Board through the chairman policies/measures needed to carry out the Act; (2) prepares the Administration’s budget for Board approval; (3) executes and administers Board-approved policies and measures; (4) directs and supervises operations and internal administration and may delegate administrative responsibilities subject to Board rules; (5) appoints all employees except heads of departments/divisions (which are appointed by the Board upon recommendation) and removes/dismisses/discipline for cause consistent with Civil Service Law; (6) represents the Administration in dealings with government and other persons/entities; (7) subject to Board approval, determines rates of compensation/allowances/honoraria and other additional compensation authorized for officers, technical staff, consultants, and necessary detailed personnel; and (8) exercises other powers granted by the Board.
The Administrator must: (1) possess at least a master’s degree in management or equivalent; (2) have at least three (3) years management experience involving not less than fifty (50) subordinates; (3) have at least three (3) years experience in development planning; and (4) must not have been convicted of any crime in any court of law.
It gives the Administrator an ex officio position within the governance structure of the PDA Board—ensuring the chief executive officer participates in Board leadership while also retaining the Administrator’s executive authority over the Administration’s day-to-day operations.
(a) Heads of departments and divisions are appointed by the Board upon the Administrator’s recommendation (subject to Civil Service Law rules). (b) All other employees are appointed by the Administrator, subject to Civil Service rules (and removal/dismissal/discipline for cause is also governed by Civil Service Law).
The Board fixes the compensation, emoluments, and allowances of the Administrator and other officers and personnel (Section 7). Separately, the Administrator may determine rates of compensation/allowances/honoraria and other additional compensation authorized to be granted to officers/technical staff/consultants, but only subject to Board approval.
If no consensus is reached as far as practicable, the decision is arrived at upon a vote of the majority of all members of the Board constituting the quorum.
Section 15 of RA 7820 is deleted, and the subsequent sections are renumbered accordingly.
The Act takes effect upon completion of its publication in the Official Gazette or in at least two (2) newspapers of general circulation in the Bicol Region and the entire country.
If any provision of the Act is declared invalid or unconstitutional, provisions not affected remain in full force and effect. This preserves the rest of the law despite partial invalidation.
All other laws, decrees, orders, rules and regulations, and other issuances (or parts thereof) inconsistent with RA 8989 are repealed, amended, or modified accordingly.